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labor filed in Oct 2004 approved in late 2007 .Filed I-140/I-485 in Aug 2007 .Any insights on the RFE issue

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reddy_h

09-04 03:18 PM

Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine. A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.

Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.

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RollingStone12

04-25 10:57 PM

hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.

Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?

Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.

Question to you guys, how did you get your passport back ? when ur case is under processing or 221g?

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rkdownload

09-10 11:18 PM

One of my friend left US for India in March 2006 with pending H1b extension. Applied for Visa stamping for existing petition which was due to expire in July 2008. Could not get his visa stamped due to 221g. Now his H1b extension is pending as USCIS is asking too much in RFE like client certificate etc and his sponser is not willing to persue further due to complexities (His employer is one of the following companies mentioned in http://durbin.senate.gov/showRelease.cfm?releaseId=295338) and asked him to assume this relationship to be terminated. Though he recieved the email yesterday his 221g is cleared.

Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.

Thanks raj

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InTheMoment

06-15 03:47 PM

How long ago was this approval done and from which service center ? Also do you remember how long it took for the receipt notice ? I hear for PP services one also get a receipt thro' e-mail if provided by the attorney.

roseball

09-01 05:56 PM

Thanks a lot for giving a reply on time.

I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".

If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.

If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.

Hope this helps and you take the necessary action.

guyfromsg

04-29 11:50 AM

My LC (non-RIR) is stuck in BPC since Feb'05 which is also my PD. After lot of convincing up to my VP level they finally at least agreed to have a healthy discussion with lawyer to see the pros and cons of converting the application to PERM while retaining PD.

My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..

Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?